Burke Concrete Accessories, Inc. v. Superior Court

Opinion

TAYLOR, J.

Petitioner, plaintiff in an action to obtain indemnity from its insurers, asks for a writ of mandate to set aside an order of respondent court denying its motion for a partial summary judgment. Real party insurers, defendants in the action, contend in their opposition to plaintiff’s petition that their own motion for partial summary judgment should have been granted. The trial court denied both motions without opinion.

On the motions before the trial court, the facts were stipulated to between the parties, and the trial judge was left with the sole legal question as to whether…